8/20/19
THE FIRST SALVO
• Seminole v. Butterworth • Upon learning of the Tribe’s plans to contract with a private limited partnership to build and operate a bingo hall on the reservation in exchange for a percentage of the profits as management fees, Butterworth, the local Sheriff, informed the tribe that he would make arrests for any violations of the Florida gambling laws. • Thereupon, the Tribe brought an action under 28 U.S.C. §§ 2201 and 2202, seeking a declaratory judgment and injunctive relief against Butterworth. • The Florida attorney general filed a petition on behalf of the state seeking leave to participate in the case as amicus curiae, and leave was granted.
SEMINOLE V. BUTTERWORTH
• The district judge granted the Tribe's motion for summary judgment on the ground that the statute in question was regulatory in nature and therefore could not be enforced against the Indian tribe. • The district court enjoined the sheriff from enforcing the statute against the plaintiff. • Sheriff Butterworth of Broward County and the State of Florida appealed the district court's decision to the Fifth Circuit, which affirmed the District Court ’ s decision.
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